Skip to content

omidyar.net

Sections
Personal tools
RSS feeds are no longer available.

Global Lives Project

Subsections

Help! Open-source/CC licensing, distribution and revenue-sharing for GLP

Posted to: Global Lives Project by David Evan Harris (CCAL30) (246), Sat, 05 May 2007 10:05:04 PDT
Edited: Sat, 07 Jul 2007 09:54:48 PDT
Feedback score: 0
Tags:  +interesting3 +interesting4 cc globallives license open-source toread
Comments:
10 by 4 members
Viewed: 86 times by 13 members

This is a call for help in thinking through the licensing options available to GLP. I feel that it is important that this be a collective and open decision making process. I also would really appreciate input here because there is a complex set of variables in play that have been vexing me for quite some time.

Keep in mind as you read this that for me, the primary goal for the project is maximizing the number of people that see and are affected by our work, with the question of revenue generation being only useful in as far as it allows us to continue to produce more work without reducing our audience size. Obviously we need money, but we need to think hard about what forms of financing and revenue-generation will hobble our distribution aims, and which forms will enhance it. First this list of options, then a discussion.

List of Possible Licensing Options

Please add your suggestions on our workspace on this topic.

  • Creative Commons Attribution-Noncommercial-Share Alike 3.0 (CC-BY-NC-SA) - The license we've been using to date (we started when it was in 2.0). People can copy and modify, as long as it's not for commercial ends, it's re-released under the same license, and we're credited.
  • Creative Commons Attribution 3.0 (CC-BY) - Another possibility that would offer the potential of other organizations or individuals remixing and/or distributing the work for profit, i.e., TV or commercial DVDs. We get no money, but potential for a lot more exposure.
  • Creative Commons Attribution-ShareAlike 3.0 (CC-BY-SA) - only difference is that if someone remixes or even re-sells our work, they have to release their version under the same license (this is basically equivalent to what Wikipedia and Linux use).
  • Something along the lines of Elephants Dream's hybrid licensing scheme for their 2-DVD set that you can buy from their website. It's a CC-Attribution license (the most open) that simply excludes their DVD cover and the disc imprint. This allows for commercialization of a DVD, while keeping it open.
  • Something altogether different.

So for a while now, we've been going with the Creative Commons Attribution-Noncommercial-Share Alike 3.0 license (we started when it was in 2.0), but I've just stumbled across Elephants Dream and started to think about all the different ways that we could tweak our license or offer multiple licenses for different versions of the work, and I'd really like to get some input.

Because Elephants Dream is an open-source, CC-BY movie, it is now being distributed as an HD-DVD and Blu-Ray disc and getting a ton of play worldwide. The creators don't get money from the sale of this DVD, but they do get a ton of exposure for their project and their skills. Since we are far from being able to produce and distribute an HD-DVD or Blu-Ray disc with our work on it, but we are actively producing very high-quality HD content, I would love to see if we could make something similar happen with our work. But if that were the case, we would need to rethink licensing and include commercial possibilities.

At first, I was totally turned off by this idea, because I kept thinking of little clips of our work being used in commercial work for companies that we don't really want to be supporting, or also remixing our work and then closing it off to future re-use and modification.

One way of dealing with the second part of this problem (our raw material getting turned into a proprietary work) would be to just use the CC-BY-SA license, which is basically equivalent to what Wikipedia uses. This would potentially expose us to someone using our raw material in an advertisement or selling it, but only if that advertisement or derivative work is also open for sharing and remixing.

This would probably also rule out the possibility of a company like McDonalds or Coca-Cola, for example, using our work in an ad, as it would mean that they would then have to release their logos and other parts of the ad to be remixed. It would still permit, however, someone to make a DVD collection of our work and sell it--as long as it's not closed off for someone else to reproduce or remix. If you understood all that, congrats!

Elephants dream has an interesting hybrid licensing scheme for their own DVD (not HD), which is actually a 2-DVD set that you can buy from their website. You can duplicate it and distribute it for free as long as you don't copy their DVD cover or the disc imprint. They've excluded some parts but not all from their license such that they can still sell their work (with all the raw source materials, including the source files of their animated characters), but also making it such that they still have a salable product.

I found this discussion of the motivations of Project Orange, particularly interesting. It seems likely that while their DVD is for sale, they do not have any serious intention of recuperating their costs of production, being that their goals were more geared towards developing their open-source software and pushing the limits of open-source collaborations. It strikes me that this is something very important that we should learn from.

This brings up another set of questions, however, which are more geared towards the financial sustainability of Global Lives. In this age of the growing popularity of "For Profit Philanthropy," it seems that a non-profit organization that does not eventually aim to be self-sustaining through some sort of non-grant revenue stream is really looked down upon. That said, some arts funders don't seem to think that way.

This brings me to another question, which is TV licensing for Global Lives content. CurrentTV has expressed interest in acquiring the rights to display our 5-minute summary videos. If we were to go with the second CC license that I mentioned, potentially, they could just throw the videos on the air without even asking us, assuming that they had access to the full-res source files, which we will theoretically be putting online as soon as the bandwidth is available for free (Revver may be taking us there).

This is somewhat problematic, as I was getting excited about the possibility of CurrentTV paying us some money to be able to broadcast the Brazil shoot's summary video, which we're hoping to finish this month. This money could in turn be used to fund the other planned shoots.

Finally, that brings up another question, which is about revenue sharing if we do get into licensing the videos in a way that generates money. This could be equally applicable to the exhibit and ticket revenues for the first ten shoots. The question is, if we're making money off of the pieces, should some of that money go back to the producers, directors and crews that produced the pieces.

Right now, the sheer bureaucratic nightmare involved in such a disbursement scheme makes me just want to curl up and cry, but it seems that movie studios can function this way sometimes, such as Spanner Films, which keeps track of volunteer time given to their projects at market rates and if they make money in box-office or DVD sales and recuperate the costs, the money gets distributed to the crew based on the calculated value of their submissions. If we go one to produce more than 10 shoots and accept submissions from the public though, this seems even more potentially complicated. It also introduces money into the project in a way that seems potentially "poisonous," as peer-production scholar Yochai Benkler puts it, and may symbolically take us out of what he and others call the "sharing economy"--the realm in which volunteers feel happy to contribute their time and energy knowing that they will not receive any direct financial benefits from their work.

Just one last thought to tack on here--how about a hybrid licensing scheme with one license for the web/podcast videos (low quality) and a different license for the full resolution (HD/SD) versions?

Anyhow, I needed to get this all down somewhere, as these thoughts have been bouncing around in my head for more than a year now, and these questions need to be resolved quite soon, as we need to develop a contract between the Project and the local producers in India, Indonesia, and Malawi, to specify exactly what we'll be doing with the footage in licensing terms. At this point, I'm planning on asking for a complete, but non-exclusive license for GLP to do whatever we want with the videos. I'm not sure what to do about copyright though--do we need to hold copyright on the content to license it in all these other formats?

Please do not be afraid to share your thoughts here.

Thank you in advance for your input!!!!!!!!!!!

-Dave



By Jason Burwen (38), Sun, 06 May 2007 23:58:18 PDT
Comment feedback score: 0

It is a very thick morass, for you as well for me as a reader. I suggest (1) you lay out the options in list order, and (2) you clarify the benefit you expect to receive from various licensing arrangements, and then detail the costs. Note that these need not all be monetary considerations--a benefit can be "X more eyes see GLP" and a cost can be "interpersonal stress of revenue sharing". But help me (and others) by giving a basic cost-benefit analysis in as quantified terms as possible. It might also clarify your thoughts.

Sounds like your biggest roadblock for commerical licensing is concern over revenue sharing back to the volunteers. If so, you can get creative about how to manage the situation.


By Jason Burwen (38), Sun, 06 May 2007 23:59:20 PDT
Comment feedback score: 0

Jason Burwen said:

Sounds like your biggest roadblock for commerical licensing is concern over revenue sharing back to the volunteers. If so, you can get creative about how to manage the situation.

By which I mean, don't let that stop you from thinking through each option!


By David Evan Harris (CCAL30) (246), Mon, 07 May 2007 12:05:43 PDT
Comment feedback score: 0

Ok, I put the list up above, and it's also available on the workspace on this topic, where we could start doing a pros and cons list for each one. I'll get on that soon.

If anyone knows anyone with experience in thinking through this sort of thing, please invite them over here!


By David Evan Harris (CCAL30) (246), Sat, 07 Jul 2007 08:37:06 PDT
Edited: Sat, 07 Jul 2007 09:55:23 PDT
Comment feedback score: 0

Update: After attending the iCommons Summit (iCommons is the international arm of the Creative Commons) in Dubrovnik last month, I revised the post above to make it simpler.

I am still not 100% certain about what license I personally favor, but I am leaning towards the CC-BY-SA ("attribution-sharealike"), which would allow for commercial uses of the video that we produce. This is the equivalent of the license used by Wikipedia and Linux and although it means that other people could use our video commercially, ultimately I see more potential benefit in this than harm.

The core benefits that I see are increased visibility for the project, more people affected by our work, more people willing to contribute and generate new uses for the material knowing that they could make money with it, and finally, the possibility that "commercial" institutions such as galleries or museums could potentially just put up exhibits of the work themselves, using their own ticket revenues to compensate for the costs.

While GL would not necessarily get any revenue from this, we need to keep in mind that we are a non-profit organization and our goal is to disseminate our work.

I could still be persuaded that adding a non-commercial clause to the license could be a good idea. That would give us some control over exhibition of the material, allowing us to negotiate percentages of the revenues from showings or exhibitions to come back to the project.

I think though that we can't underestimate the value of making what we produce totally free under the BY-SA license. This puts GL into a totally different economy and sphere of cultural production, taking us out of the traditional documentary model and really producing something that is for common use for anyone anywhere.

Then again, the question is how much the non-commercial clause dilutes this...

Anyhow, I could go on and on about this, but from the lack of discussion here, it feels a bit like I'm talking to a wall. Please, someone, anyone, help!


By Heather Ford (33), Tue, 10 Jul 2007 04:13:27 PDT
Comment feedback score: 9 (* * * * * * * * *)

Somehow it seems that if getting television companies to put money back into something that is free on the Internet is within your reach, then this would make the most sense. In this way you could use the most free licence (CC BY) for the web version, make a high-res version available under a non-commercial licence (so that non-profit museums etc could use the materials around the world) and then actively pursue commercial contracts with television companies to sustain your activities in the long term.

The question really is: how do you see Global Lives in the next 5 years? Will it be an organisation based in a particular place with volunteer groups around the world? How will the organisation be structured? What will your activities be?

Once you've decided that, then you can look at what makes the most sense in terms of licencing agreements.


By Heather Ford (33), Tue, 10 Jul 2007 04:14:16 PDT
Comment feedback score: 5 (* * * * *)

Oh, and I forgot to say: you guys rock. This is an amazing project :)


By David Evan Harris (CCAL30) (246), Tue, 10 Jul 2007 10:55:06 PDT
Comment feedback score: 0

Thanks for your input, Heather!!!! Anybody else have any thoughts??


By Heather Ford (33), Thu, 12 Jul 2007 00:34:46 PDT
Comment feedback score: 0

I guess you didn't like my question ;) But I'm still going to nudge you on it.

Global Lives as it currently stands (at least as far as the website is concerned) is 'an installation that can be assembled anywhere on earth'. Lets focus on that for a moment, since I'm assuming that the future after this project is not set in stone yet.

If the primary focus of the project is to have museums etc replicate the model, then it makes absolute sense to make all the digital materials (high definition video, architectural plans etc) available for free. Since television viewing of materials is secondary to the main goal, then it makes absolute sense for them to have to pay for it.

Another good way of thinking about this is looking at your factors for success. What would the most successful Global Lives project look like in the future? Would it be to have 5 television stations showing the material? Or would it be to have 5 museums replicating the entire model? I'm guessing its the latter.

Then the next question is a question of sustainability. And then its really a question of whether you're thinking of how to sustain this particular project or whether there's a longer term strategy on what you'd like to do. If it's this particular project you're focusing on, then I'd suggest keeping your overheads as low as possible (as you have done) and then actively marketing the org to local volunteers who have inroads with museums etc. and then, secondarily, to television stations who might want to show the film.

Note that the project will only be truly sustainable if you can get other countries to show the entire exhibition and so I think this should be a major focus of the work over the next while.

What do you think?


By David Evan Harris (CCAL30) (246), Sat, 21 Jul 2007 14:00:52 PDT
Comment feedback score: 0

Hi Heather!

These are really excellent and provocative comments that I personally need to think about in much more detail and need to discuss more with our key stakeholders, advisory board, etc.

I am taking a global lives hiatus for the next month or so as I finish my master's thesis and prepare to move back to the US after nearly three years in Brazil. Once I get settled in California at the beginning of September, I'll be able to really sit down and dedicate some time to these very very important strategic questions, which will hopefully really take us much further in answering the questions that this post set out to answer.

Since Omidyar.net will be shutting down in September, we'll also need to migrate this discussion to our new home, likely a drupal site. I will keep everyone posted.

Thank you!!!


By Cynthia Houng (CCAL30) (18), Sun, 05 Aug 2007 08:54:22 PDT
Comment feedback score: 0

Well, since Dave is off on "thesis vacation" (much deserved...), I don't know if he will read this note, but perhaps the rest of you will have some thoughts. Rhizome.org just implemented a Creative Commons license for its content. http://rhizome.org/thread.rhiz?t hread=26665&page=1) Rhizome is quite popular with artists (visual, performance, etc.) and GLP might be able to learn something from Rhizome's process.

I agree with Heather--if your end goal is to produce a physical object (an exhibition) that can be easily replicated, at low cost, anywhere in the world, then your approach to licensing should take that into consideration.

Also, since GLP is a collective, you should consider the possibility of divergent member interests. Many a utopian artists' collective has been torn apart, later, by members' divergent visions. Or, in some cases, by the desire to be able to retain control of a portion of the project--for commercial or other reasons.

There are, I'm sure, some legal issues to be worked out here. I'm not a copyright or IP lawyer, so I'll abstain from comment on that front. But Rhizome did consult a lawyer in the field, and it would be interesting to hear her thoughts.


top back to top of page